Law: Punjab Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,5,6,10

Law: Punjab Civil Servants Act, 1974 

Section: 4

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---   ---Ss. 3, 5, 6 10---Punjab Service Tribunals Act (IX of 1974), S.4---Imposition of major penalty of reduction to lower stage in pay scale and recovery of 50% of loss---Appeal---Major penalty of reduction to lower stage in pay scale and recovery of 50% of loss was imposed on appellant after charge-sheeting him and holding inquiry against him---Inquiry proceedings were conducted in a strange manner---No opportunity of cross-examination was afforded to the appellant and Inquiry Officer examined the record and prepared his roles and also prepared questionnaire on each and every allegation and then sought answers of the appellant on it---No separate statement of appellant was recorded nor he was asked to produce any defence, if he wanted to do so---Explanation in answers and questionnaire did not fulfil the requirement of law because in that event appellant was confined to answers of the questions which were put to him, whereas, if he was allowed to adduce his own evidence in defence, then he would have been at liberty to bring any other evidence also---Recording of statement in questionnaire form was disapproved---Impugned orders, in circumstances being not sustainable in the eyes of law, case required de novo inquiry---Impugned orders were set aside and departmental proceedings against appellant would be deemed to be still pending---Authority would appoint a new Inquiry Officer well versed in conducting inquiry. JUDGMENT FAKHAR HAYAT (MEMBER-V).---Brief facts of the case are that while posted as Deputy Director Agriculture (Ext.) Shakargarh the appellant was proceeded against under the provisions of the Punjab Removal from Service (Special Powers) Ordinance, 2000. The order of the inquiry was passed by the respondent No.2, on 29-7-2004 and statement of allegations issued whereas the respondent No.3 was appointed as an Inquiry Officer. The respondent No.3 prepared the charge-sheet and instead of communicating the statement of allegations, he prepared the statement of allegations at his own level and communicated it to the appellant who submitted its reply to the Inquiry Officer on…

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